If you prefer to consult them online, you can also find them below.
Here you can find the terms and conditions of the MAES Mobility Card.
MAES GENERAL CONDITIONS
Part 1. Definitions.
Article 1 Definitions.
The following definitions are used in these terms and conditions:
- Account: a customer number opened by the Card Manager for a Customer with an approved credit limit for purchasing Fuel Products at a Gas Station.
- Application: the mobile Application published by MAES, with which the User can register Mobile Cards, after which the User gains access to the Mobile Services.
- Biometric Identifier: biometric data, such as facial recognition or fingerprint, with which the User, possibly and where appropriate under his responsibility, as an alternative to the Mobile PIN, can access and identify himself in the Application and with which the User uses Mobile Transactions can authenticate and execute.
- Fuel products: all forms of diesel, gasoline and other petroleum and gas oil products, and all related products and services, which MAES delivers to the Customer from time to time.
- Card: one or more fuel card (s) issued by the Card Manager to a Customer, which give the Customer the option of purchasing fuel products in the network of Fuel Stations under the agreed conditions and modalities.
- Card Manager: MAES or any company with which MAES has concluded an agreement for issuing Cards and processing transactions.
- Card agreement: the agreement concluded between MAES and the Customer regarding the use of the Card, including all appendices and any addenda thereto.
- Cardholder: the Customer or the natural person designated by the Customer who is entitled to use the Card.
- Customer: the natural or legal person who (i) has concluded a Delivery Agreement and / or (ii) has concluded a Card Agreement.
- Customer-Consumer: every Customer who is a natural person and who acts for purposes that fall outside his trade, business, craft or professional activity.
- Delivery agreement: the agreement between MAES and the Customer regarding the delivery of Fuel products outside the network of Gas stations.
- MAES: the public limited company ETABLISSEMENTEN J. MAES ZONEN, registered in the legal persons register of Antwerp, department Mechelen, with registered office at 2880 Bornem, Reedonk 12 and with company number 0429.995.654.
- Personal Page: the private section on the website of MAES (cards.maes-oil.be) to which the Cardholder has access and on which the Customer can view his use and the possibilities of use of the Card.
- PIN code: the combination of four digits chosen by the Cardholder to secure the Card when using the Card.
- Gas station: a point of sale where Fuel products are sold and which belongs to the network of gas stations for which the specific Card of the Customer is authorized and which is authorized to accept the Card or (ii) where the purchase of Fuel Products through the Application is supported and permitted..
- Password: the password chosen by the Cardholder, required to gain access to the Personal Page
- User: the natural person, as the case may be a Cardholder, who attempts to download, activate or use the Application or who has initiated the download, activation or use of the Application on his mobile device.
- Mobile Services: the current and future services (both from MAES and from any third parties) that are offered via the Application to a User and that allow the User to authenticate and execute Mobile Transactions.
- Mobile Cards: the Card(s), bank and/or credit card(s) registered by the User in the Application with which the User can purchase Mobile Services.
- Mobile PIN: the combination of four digits chosen by the User with which he can access and identify himself in the Application and with which the User can authenticate and execute Mobile Transactions.
- Mobile Transaction: means a transaction, authenticated via the Application, whereby the User can purchase Fuel Products at those Filling Stations as agreed with the Customer.
Part 2. General provisions
Article 2 Scope.
- These general terms and conditions apply to every delivery of Fuel Products by MAES to or on behalf of Customers as well as to the Cards. They thus form an integral part of every Delivery Agreement and every Card Agreement.
- The Customer acknowledges and accepts that the Customer’s own general or special conditions are explicitly excluded, even if they are communicated at a later date and apply to the purchase of Mobile Services via the Application.
Article 3 Prices.
- MAES respects the maximum prices as determined on the basis of the program agreement concerning the regulation of the maximum selling prices of petroleum products. Upon delivery of the Fuel Products, the total price may be higher than the official maximum price. However, this increase is due to the use of additives which are not included in the official maximum price and which are charged as a supplement.
- Except in the case of a sale to a Customer-Consumer and unless stated otherwise by MAES, the prices quoted are expressed in euros, excluding taxes, taxes, fees, levies and excise duties. The taxes, taxes, fees, levies and excise duties are always borne by the Customer and are charged by MAES to the Customer.
- MAES can, in all reasonableness, record and change service surcharges, which will apply for the future. The list of service charges can always be consulted via www.maes-mobility.be.
Article 4 Payment.
- The Customer explicitly accepts (i) that invoices and other correspondence are only sent electronically by e-mail as an attachment, (ii) that the electronic invoices must be considered as original invoices and (iii) expressly refrains from contest the validity of these electronic invoices. If the Customer chooses to receive a paper invoice, he will inform MAES of this. Except in the case of such a request by a Customer-Consumer, MAES reserves the right in this case to charge an additional cost of EUR 5.00 per envelope for this.
- The Customer must pay the amounts due at the latest on the due date, unless agreed otherwise in writing.
- MAES has the right to:
- to first allocate payments to any costs owed, the conventional lump sum compensation and all overdue default interest before allocating them to the outstanding principal (s); and
- to compensate all amounts it owes the Client for whatever reason with the amounts the Client owes it, regardless of whether or not these amounts are due and payable.
Article 5 Non-performance.
- In the absence of payment within the due date of one or more invoices:
- MAES is entitled by right and without notice of default to:
- payment of default interest at a conventional interest rate of 8% per annum from the due date of each invoice until the date of full payment; and
- payment of a fixed compensation of 10% of the outstanding amount with a minimum of EUR 40, – without prejudice to MAES’s right to claim additional compensation if it can prove that its damage exceeds the aforementioned amounts;
- MAES has the right to withdraw any permitted discounts to the Customer;
However, with regard to the Customer-Consumer, the appurtenances to which MAES is entitled are legally reduced to those that are permitted to the maximum under the mandatory provisions of consumer law in this regard.
- all outstanding but not yet due invoices become legally and without notice of default;
- MAES has the right to suspend the obligations still to be performed vis-à-vis the Client by operation of law and without notice of default until it has received full payment; and
- if MAES has granted a repayment plan to the Customer for already due debt (s), the Client will lose the benefit of the installment payment and the entire debt will be increased by the default interest at the conventional interest rate and the conventional, fixed compensation. due and payable without notice of default.
- In case of doubt about the solvency of the Customer, including, but not limited to, the non-payment or late payment of one or more invoices, the attachment of an attachment against the Customer (possibly also by a third party), the requesting of payment deferment, requesting a judicial reorganization or a similar procedure, the cessation of the activities of the Customer and the liquidation of the Customer, will provide the Customer, upon simple request of MAES, a security and maintain that security for the amount that, of the type that, in the form and at the institutions that MAES can determine at its own discretion at any time. If the Client fails to do this, MAES is entitled to suspend all deliveries
Article 6 Liability.
- The delivery of Fuel Products takes place at the risk of the Customer, who must properly insure himself against possible claims.
- MAES is only liable for damage caused by the non-execution, the incomplete execution, the late execution or the improper execution of its obligations in the event of intentional or gross negligence. This liability is only limited to the foreseeable, direct and personal damage of the Client, to the exclusion of all indirect, consequential or intangible damage including, without limitation, lost profit, loss of income, financial loss, personnel costs, damage to property or damage to third parties. The liability of MAES is in any case limited to the lowest amount of (i) the benefit that MAES can claim under a liability insurance policy concluded for this, and (ii) the amount that the Customer has paid to it for the delivery of the Fuel Products that has given rise to the Client’s damage, whereby a series of events that cause the same damage are considered as one event.
- The Customer agrees explicitly and unconditionally to waive any further claim to compensation of any kind whatsoever charged to MAES.
- If the Customer is of the opinion that the Fuel Products supplied by MAES, or the amount charged for them, does not comply with what the parties have agreed upon, the Customer must notify MAES in writing within 8 (eight) days after delivery, or 8 (eight) days after the moment at which the Customer could reasonably be aware of the shortcoming he has stated, failing which the Customer can no longer claim any claims in this regard. Any claim for damages against MAES (except for those expressly acknowledged in writing by MAES) lapses by the mere lapse of a period of 1 (one) month after the Customer has discovered or should have reasonably discovered the damage.
The limitations of liability provided for this article shall furthermore always be interpreted in the sense that they are valid. In the event that a limitation of liability provided for in this article goes beyond what is permitted by law, it will automatically be reduced to the maximum limitation allowed. In the event that a limitation of liability provided for this article would not be valid under certain assumptions, such hypothesis shall be deemed not to be intended.
Article 7 Retention of title and risk.
- MAES retains the exclusive ownership of all the Fuel Products it supplies until all amounts due in connection with the delivery, including any lump sum compensation, default interest and costs, have been paid in full. The Client undertakes not to dispose of or process these Fuel Products before full payment.
- However, the risk with regard to the Fuel Products is already transferred to the Customer when the Fuel Products leave the filling gun.
Article 8 Force majeure.
- There is force majeure on the part of MAES in case of imputable impossibility for MAES to fulfill its commitment. This takes into account the unforeseeable and unavoidable nature of the impediment to performance for MAES. As a benchmark, MAES apparently has to do more to perform its obligation than a prudent and reasonable person placed in the same circumstances.
The following circumstances are deemed to constitute force majeure in any event for MAES and the unforeseeable and unavoidable nature of these circumstances is deemed to be present:
- strikes, social disputes of any kind, partial or general cessation of work, refusal to carry out any work (whether or not the foregoing is permitted by law and then does not concern the appointees of MAES or third parties);
- embargo, import restrictions, measures or recommendations by governments or public authorities;
- exceptional traffic disruption;
- storm, ice, snow, storms, floods, earthquakes;
- war, terror, revolution, sabotage, insurrection, civil unrest;
- fire, (radioactive) radiation;
- the (possible) outbreak of an infectious disease or condition that could pose a health risk to employees of MAES or third parties (e.g. Corona, MERS, SARS, Ebola, Noro, Mexican flu, Legionella, etc.);
- the inability to obtain Fuel Products or the raw material from which the Fuel Products are directly or indirectly derived;
- technical problems or malfunctions related to petrol stations, installations, machines, facilities, transport equipment, communication systems, computer systems or card readers;
- compliance in good faith with any regulations, orders or requests of, or intervention by, or restrictions imposed by international, national, regional, provincial, municipal, port or other governments and public authorities or any person proposing for the benefit of such instances (regardless of whether they are ultimately found valid or not);
- force majeure on the part of the suppliers of MAES; or
- the threat of or reasonable concern about any of the above events.
If MAES is confronted with a situation of force majeure, it will notify the Client without delay. MAES’s obligations are suspended during the period in which it is confronted with the situation of force majeure. In the event that the fulfillment of an obligation of MAES has become definitively impossible, that obligation will be extinguished. In case the situation of force majeure relates to a main obligation of MAES and the period of force majeure lasts longer than one month, MAES and the Customer each have the right to dissolve the agreement that was not performed due to force majeure, by notifying the other party. . MAES will not owe the Customer any compensation on account of this dissolution.
- There is imprevision on the part of MAES if due to a change of circumstances attributable to MAES, the performance of an agreement has become more onerous for it, in particular because the cost price of the performance has increased or because the value of the consideration has decreased. The following circumstances are deemed in any event to be an imprevision for MAES: an increase of 2% or more of one element alone or of several elements taken together that form the basis for calculating the sales prices of MAES for the Fuel Products, including, but not limited to, raw material prices , salaries, storage costs, transportation costs, insurance costs, taxes, dues, fees, levies, duties, duties, government measures or any other element that could increase the cost price for MAES. If MAES is confronted with a situation of improvisation and it has notified the Client of this, its obligations will be suspended. MAES and the Customer will, after this notification by MAES, without delay enter into negotiations in good faith to amend the agreement to bring it into conformity with what the parties would reasonably have agreed upon at the time of the contract conclusion if they had taken into account the change of circumstances. If MAES and the Customer do not come to an adjustment within one month after notification of the situation of improvisation for MAES, MAES and the Customer each have the right to dissolve the agreement that has not been performed due to improvisation, by notifying the other party. MAES will not owe the Customer any compensation on account of this dissolution. An appeal to the court to amend the agreement is excluded.
Article 9 Information obligation.
- The Customer must immediately inform MAES of any change to his contact details. In the event of a change of e-mail address and / or contact person for sending the electronic invoices to the Customer, the Customer undertakes to inform the Card Administrator immediately via the Personal Page or by e-mail at the following address: fuel card @ maes-oil.be.
- Unless stated otherwise, the Customer must always send notifications to MAES to the address of its registered office. MAES can send notifications to the Customer to the postal address, fax number or e-mail address provided by the Customer, or, as the case may be, as evidenced by the publications in the Belgian Official Gazette or other publicly accessible databases.
Article 10 Privacy and personal data.
Article 11 Execution by third parties
MAES always has the right to have its obligations executed by third parties it chooses, such as sub-suppliers and sub-contractors.
Article 12 Contract transfer
MAES has the right to transfer any agreement between it and the Client to a third party, i.h.b. to companies that belong to the MAES group, without the Client’s prior consent.
Article 13 Changes.
MAES can change these terms and conditions. These changes take effect after the expiry of a period of 2 months from the moment they were communicated to the Customer, if he has not terminated the Card Agreement or Delivery Agreement within the same period.
Article 14 Divisibility.
If a provision of these general terms and conditions is declared wholly or partially unlawful, void or unenforceable under the applicable law, the relevant provision or the relevant part thereof is deemed not to form part of these general terms and conditions, and the legality, validity remains and enforceability of the other provisions of these general terms and conditions. In such a case, MAES and the Customer will immediately and in good faith negotiate a valid replacement clause that is as close as possible to the original intention of the parties and has the same or as similar economic effect as possible.
Article 15 Applicable law and competent court.
- The legal relationships between MAES and the Client are exclusively governed by Belgian law.
- In the event of a dispute, only the courts of the jurisdiction of the registered office of MAES have jurisdiction, unless the law mandates another competent court.
In addition, only MAES also has the right to bring the dispute before the court that has jurisdiction and is competent in observance of the forum clause in §2, first paragraph of this article.
Part 3. Delivery agreement.
Article 16 Scope
The provisions of this part 3 apply, in addition to the provisions of part 2 and the special conditions that have been agreed, specifically for Supply Agreements.
Article 17 Formation.
- The Delivery Agreement between MAES and the Client is only concluded after the Client has placed an order for delivery of Fuel Products and MAES has explicitly accepted this order. MAES may always require that an oral (telephone) order is first confirmed in writing by the Customer, before proceeding to delivery, i.h.b. when the evidence in civil matters applies. The acceptance of the order by MAES may also be evidenced by the fact that it proceeds to delivery.
- MAES will deliver Fuel Products as stipulated in the Delivery Agreement. The Customer shall purchase the ordered Fuel Products, pay the agreed price and comply with the other provisions of the Delivery Agreement. The Delivery Agreement does not affect the applicable legal and regulatory provisions.
Article 18 Cancellation.
- The Customer does not have the right to withdraw or renounce a Supply Agreement. A Supply Agreement can only be canceled by mutual agreement between the Customer and MAES under the conditions and modalities laid down in §2 of this article.
In the event that the Supply Agreement would qualify as a distance contract or an off-premises contract, as defined in the Code of Economic Law, the Customer-Consumer thus acknowledges and accepts that he does not have any right of withdrawal , as referred to in Articles VI.45, §1, 8 ° and VI.47 of that Code, respectively Articles VI.64, §1, 7 ° and VI.67 of that Code, and that he therefore no longer can revoke, in view of the specific object of the Supply Agreement – being Fuel Products – and in view of the applicable exceptions provided for in Articles VI.53, 2 ° and VI.73, 2 ° of that Code (the consumer can revoke the right of withdrawal do not exercise for the supply of goods the price of which is subject to fluctuations in the financial market on which the company has no influence and which is within the withdrawal period), respectively, Articles VI.53, 6 ° and VI.73, 6 ° of that Code (the consumer cannot exercise the right of withdrawal for the delivery of goods which, by their nature, are irrevocably mixed with other products).
- If the Client wishes to cancel a Supply Agreement, he must send a written request to MAES, which will consider this request.
MAES will then decide, at its discretion, whether it will hold the Client to the performance of the Supply Agreement or agree to its cancellation requested by the Client and notify its decision to the Client.
If MAES agrees with the cancellation of the Supply Agreement requested by the customer, the Customer owes MAES a fixed and irreducible cancellation fee equal to 35% of the total price that the Customer would have had to pay to MAES for the supply of Tire Fabric Products. when executing the Supply Agreement. The calculation of this fee is based on the liter price that was applicable to the Supply Agreement and the delivery quantity specified by the Customer when ordering and, in the absence of such a statement, the assumption that the Customer’s fuel tank when executing the Supply Agreement. at least 75% had to be refilled.
This fixed and irreducible cancellation fee is always due, even if the notification of the agreement of MAES with a cancellation of the Supply Agreement requested by the Customer would not explicitly mention it.
Article 19 Price.
- The order for Fuel Products for delivery outside the network of Gas Stations is accepted subject to reservation and executed at the current price in force on the day of the order or delivery. This will be agreed upon on the day of the order.
- If on the date of delivery in execution of a Supply Agreement one or more elements have changed compared to the date of conclusion of that Supply Agreement that form the basis for calculating the sales prices of MAES for the Fuel Products that are the subject of that Supply Agreement, which are based on of objective circumstances can be determined and which are not exclusively attributable to the unilateral will of MAES (including, but not limited to, an increase in raw material prices, salaries, storage costs, transport costs, insurance costs, taxes, duties, fees, levies, excise duties, duties or any other element that could increase the cost price for MAES), MAES has the right to increase the price agreed in the Supply Agreement proportionally.
Article 20 Delivery times.
- All delivery periods stated by MAES are communicated to the best of their knowledge on the basis of the information known to MAES at the time the respective delivery period was specified. Except in the case of delivery to a Customer-Consumer, the specified delivery times are only mandatory if it is explicitly agreed in writing that the execution time is mandatory by the explicit mention of “mandatory execution time” in the Delivery Agreement. MAES will, to the best of its ability, try to comply with the stated delivery period.
- Except in the case of a delivery to a Customer-Consumer, in the event of a delay in performance, the Customer will in no case be able to demand the dissolution of the agreement – unless MAES is notified by registered letter fourteen days the Client has still not executed – and the Client will in no way be able to claim any compensation or fine of whatever nature from MAES.
Article 21 Delivery.
- The Client will provide MAES with all information that is necessary to deliver the Fuel Products easily and safely. If there are specific delivery situations specific to the place of delivery, the Client will inform MAES in writing at the time of the order.
- The quantity of a Fuel Product delivered is determined by the Customer by reading the meter readings on the tanker before and after delivery. A copy of the delivery note with ticket print of the meter readings is always left with the Customer. The Customer accepts this ticket print as proof of the quantity delivered. MAES may require the Customer to sign off this ticket print.
- If the delivery of Fuel Products cannot take place due to the fault of the Customer, the costs caused by this will be charged to him.
Article 22 Liability
- The deliveries of Fuel Products by MAES take place in accordance with the instructions of the Customer, who is responsible for the information provided by him and bears full liability for this. The Customer who wants the MAES tank truck to enter his site guarantees that the surface is sufficiently strong to support the tank truck and that there is sufficient room for maneuver for the tank truck. Under no circumstances can MAES be held liable for damage to the ground caused by the tanker as a result of poor stability or insufficient maneuvering space.
- The Customer bears sole responsibility and liability for
- the fact that the storage tank and associated parts are manufactured and installed and used with respect for all applicable environmental regulations, and in particular with regard to the storage of liquid fuels; an
- the capacity of its storage tank
- MAES will under no circumstances be liable for the overfilling as a result of too large a delivery if this is the result of incorrect or incomplete information provided by the Customer.
- MAES disclaims any liability for damage caused during the delivery of Fuel Products due to defective storage material or defects at the delivery location.
- The Customer has the obligation to inform MAES of any problem that may arise during the delivery of Fuel Products, and this at the latest at the time of the order. In the absence of this, MAES will not be held liable in the event of problems related to this.
Part 4. Card.
Article 23 Scope
The provisions of this part 4 apply, in addition to the provisions of part 2 and the special conditions that have been agreed, specifically for Card Agreements.
Article 24 General provisions.
- The Card Agreement between MAES and the Customer is only concluded after the Customer has placed a request for the allocation of one or more Cards and MAES has explicitly accepted this request.
- If the Card Agreement qualifies as a distance agreement or agreement concluded outside the sales areas, as defined in the Economic Law Code, the Customer-Consumer has a right of withdrawal as referred to in Article VI.45, §1 8 ° and Article VI.64, §1, 7 ° of the WER. The Customer-Consumer can make use of this right of withdrawal by informing MAES in writing within fourteen days of confirming the acceptance of the request to conclude a Card Agreement that he wishes to make use of this right of withdrawal. This letter contains, among other things, the data of the Customer-Consumer, the date of withdrawal and the signature of the Customer-Consumer. If the Customer-Consumer makes use of this right of withdrawal, the Card Agreement will cease to exist by operation of law and, if applicable, the Customer-Consumer will no longer be able to use the Card (s) that have already been made available and will immediately return it to MAES.
- MAES decides at its own discretion whether or not to grant a Card. Cards are only issued after a Card Agreement has been signed by MAES and the Customer.
- After receiving the completed application, MAES will apply to its credit insurer for cover for the credit risks on the Customer. If no cover is provided, Cards can only be provided after the Customer provides a (bank) guarantee. After obtaining a credit line or (bank) guarantee, MAES will send the requested Card (s) and PIN (s) blocked to the Customer. After confirmation of receipt by the Customer, MAES will activate the Card (s)
- When the Card Agreement is signed by MAES and the Customer, an Account is opened with a credit limit approved by the Card Manager and with the restrictions or extensions agreed between MAES and the Customer.
- If the Cardholder and the Customer are not the same person, the Customer ensures that the Cardholder respects the applicable conditions and the Customer is liable for the consequences arising from his use of the Card. All provisions of these general terms and conditions and the Card Agreement apply in full to the Cardholder
- The Card remains the property of MAES at all times and is returned by the Customer on first request. Neither the Customer nor the Cardholder may change anything about the Card and not copy it.
- The Card, the PIN code and the Password are strictly personal. Only the Cardholder is entitled and authorized to use the Card, the PIN Code and the Password for himself or, if applicable, in the capacity of an independent service provider or employee employed by the Client. The Cardholder is expressly forbidden to make the Card, PIN and Password available to third parties in any way (actively or passively).
- The Customer can specify a number of restrictions per Card, via the Card Manager’s customer service or, if possible, via the Personal Page, including, but not limited to, card limits, geographical area and product type. An average processing time of 1 working day applies
- The used credit of the Account may never exceed the established credit limit for the account.
- The Card is only valid within the network of Gas Stations.
Artikel 25 Duration.
- The Card can be used and is valid for the entire duration of the Card Agreement.
- The duration of the Card Agreement is laid down in the special conditions. In the absence of an explicit provision regarding the duration of the Card Agreement in the special conditions, it is deemed to be of indefinite duration. The Customer can cancel the Card Agreement with immediate effect by sending a registered cancellation letter to MAES. MAES can cancel the Card Agreement by sending a registered cancellation letter to the Customer and with due observance of a cancellation period of one month, counting from the sending of the aforementioned cancellation letter.
- Notwithstanding the foregoing and any other remedies available to MAES, the Card Agreement may be terminated by MAES with immediate effect in the following cases, after notifying the Customer if:
- the Customer remains in default to make payment on the due date of one or more invoices
- the Client exceeds his credit lim
- the Client fails to provide or maintain sufficient security
- any bank guarantee (s) provided will be terminated
- any credit lines are withdrawn by the Client’s lenderµ
- there is a suspicion of fraud or misuse of the Customer’s Card (s), or if such fraud or misuse has been established
- MAES conducts and / or obtains a credit assessment for the Client (in connection with which the Client hereby agrees that MAES conducts and / or obtains this credit assessment from time to time) which, in MAES’s opinion, does not meet expectations
- MAES is of the opinion that there are objective reasons to believe that the financial situation of the Customer has been affected or is becoming unstable
- the Customer commits a material infringement of any (other) article of these general terms and conditions and / or the Card Agreement; o
- the Customer transfers his rights and obligations under the Card Agreement without the express written permission of MAES
- In the event of termination of the Card Agreement, for whatever reason, the Customer is obliged to return the Card to the Card Manager without delay and the Customer and, if applicable, the Card Holder, are strictly prohibited from continuing to use the card.
Article 26 Use.
- The Card may only be used by the Customer or, if applicable, the Card Holder, for obtaining Fuel Products at those Gas Stations as agreed with the Customer.
- The Cardholder must handle the Card, the Pin Code and the Password with care. The Cardholder must take all measures to ensure the security of the Card, the PIN code and the Password and to prevent unauthorized use thereof.
- The Card may only be used for purchases on the Customer’s Account within the credit limit set by the Card Manager and with due observance of the applicable restrictions.
- The Cardholder must have the Card blocked immediately if there is reason to do so. In that context, the Cardholder must at all times stay informed of the regulations that MAES provides, for example to prevent fraud with the Card and the PIN code.
- The Cardholder is obliged to always keep the Card securely and carefully. In this regard, the Cardholder will ensure that:
- no one can see the Card in the storage place where the Card is stored if the Cardholder does not use the Card;
- no one can see where the Cardholder is storing the Card;
- the Cardholder stores the Card in such a way that no-one can take it away unnoticed; and
- the Cardholder ensures that he does not lose the Card
- The Cardholder is obliged to always use the Card carefully. The following rules apply in any case:
- the Cardholder never hands over the Card, even if another person wants to help him
- the Cardholder does not lose sight of the Card for a moment until the Card is safely stored again
- the Cardholder always checks whether he receives his own Card back after use and that it has not been exchanged for another card
- the Cardholder carefully follows the instructions on the payment terminal with regard to the safety of that payment terminal
- the Cardholder immediately contacts the Card Administrator via the MAES reporting point in Article 30§ 1 to have the Card blocked if it has not been returned after a transaction
- the Cardholder does not use the Card if he knows or suspects that the use is or may be unsafe in certain situations; an
- the Cardholder will not be distracted if he uses the Card.
- The Customer may not use the Card in any way to obtain cash.
Article 27 PIN code.
- In order to carry out transactions and identify themselves, the Customer must enter the Card into the payment terminal, the reader or any other device made available to him, and enter his PIN code. The use of the Card may be restricted for security reasons and / or subject to additional conditions.
- The PIN code replaces the handwritten signature, also has the same probative value as the latter and serves as approval for the acquisition of Fuel Products. Consent to a transaction is deemed to have been given when the Customer has entered the PIN and / or has followed and completed the necessary authentication procedures to confirm the transaction. The Customer can no longer revoke a purchase of Fuel Products after he has given his consent.
- The Cardholder is always required to ensure that the PIN code remains secret. The Cardholder declares that he
- choose a PIN code that is not too easy to find if it changes or chooses the PIN code
- learns the PIN code from the outside and does not write down anywhere
- immediately documents that state the PIN code;
- does not show or disclose the PIN to anyone; and
- if a note of the PIN is made, this happens in a way that the PIN is not recognizable, traceable or otherwise decipherable by anyone else
- The Cardholder must always use the PIN carefully. The Cardholder does that if he:
- ensures that other persons cannot see the PIN if the Cardholder enters it, for example at a payment terminal
- when entering the PIN code, the other hand and body are used as much as possible to protect the keyboard; an
- cannot be helped by someone else when entering the PIN cod
- To the extent possible, all obligations of the Cardholder and the regulations given herewith also apply to storing and using the Password.
Article 28 Automatic debit.
- Unless otherwise agreed, the payments will be made via direct debit (SEPA). The Client will provide MAES with a fully completed and signed direct debit authorization valid for the entire duration of the Card Agreement.
- The pre-announcement with indication of the amount and the date of execution will be sent to the Client within a period of 14 calendar days before the invoice is debited
- If an automatic debit is withdrawn or refused, the Customer shall immediately pay MAES an amount equal to the amount of the automatic debit that has been withdrawn or refused. If an automatic debit is unsuccessful, EUR 10 administration costs will be charged to the Client (without prejudice to MAES’s right to claim additional compensation if it can prove that its damage exceeds the aforementioned amount).
Article 29 Credit limit.
- The credit limit represents the maximum amount of expenditure that is permitted between two invoices. It does not represent a credit line.
- If the Customer exceeds the established credit limit and fails to immediately take adequate measures to bring the issue amount within the established credit limits or immediately agree an appropriate repayment arrangement with MAES, MAES reserves the right to further use the Block the card and close the Client’s Account, without prejudice to MAES’s right to recover the resulting damage from the Client.
Article 30 Abuse, theft or loss.
- To prevent unauthorized use of the Card, the Cardholder must have the Card blocked immediately via the Personal Page, [email protected] or +32 (0)3 889 89 89, if
- the Card has been stolen or the Cardholder suspects it has been stolen;
- the Cardholder has lost the Card or he no longer knows where he left the Card
- the Cardholder finds that one or more transactions have been made with the Card that have not been made by him, for example after verification via the Personal Page;
- the cardholder knows or suspects that someone else knows or has seen the PIN code; and
- the Cardholder has doubts about the security of the Card or the PIN for another reason
- If the Customer recovers or finds the Card after the notification, the Customer or, if applicable, the Card Holder may no longer use it. The old card must be returned to the Card Manager or destroyed, all this at the discretion of the Card Manager, after which the Customer receives a different card and, if necessary, a different PIN code
- In the event of damage due to misuse of the Card, the Cardholder must immediately report this to the police. If MAES requests this, the Cardholder and / or the Client must be able to provide a copy of the report.
- The Cardholder must take into account that the Card Manager and third parties appointed by MAES and belonging to the network of Service Stations can have the use of a specific Card blocked if there is (suspected) misuse, a technical defect or when this is necessary for the safety and protection of the Customer, and / or the proper functioning of the relevant Card.
- The Card Manager can at any time permanently or temporarily block a Card or refuse to re-issue, renew or replace it.
- The Client is liable for transactions made with the Card or for transactions that misuse the Card in general up to 4 hours after the Card has been blocked via the Personal Page.
Article 31 Intellectual Property Rights.
- The intellectual property rights to all services and accessories of MAES are the property of MAES or of the third party from whom MAES has obtained the right to make (a part of) these services available to the Customer and / or its customers and / or Cardholders. to state
- The Customer declares that he will not infringe in any way, or that he will assist in this in an active or passive manner, with regard to the intellectual property rights referred to in Article 31, § 1. “infringement” is also understood to include (trying to) adapt, change, circumvent, prevent the operation of the security measures of the chip of the Card and / or the Personal Page, for the purpose of unauthorized use of the Card.
Article 32 Liability.
- It is forbidden for the Cardholder to damage or cause the Card to be damaged, to have it changed or to have it used in any other way, other than the use for which the Cardholder is authorized.
- The Customer is – insofar as this is possible within the legal limits – fully liable for all damage, for whatever reason, related to the use and / or misuse of the Card, the PIN or the Password. towards MAES, the Card Manager and / or third parties. “Damage” is understood to mean all direct and indirect damage, except for the liability for direct damage caused by an attributable shortcoming in the implementation of the Card Agreement by MAES.
- The Client indemnifies MAES and the Card Administrator and / or third parties against all damage caused by counterfeiting, alteration and / or copying of the Card by the Cardholder or as a result of behavior attributable to the Cardholder. .
- The Customer is not entitled to compensation or other compensation in connection with being unable to use the Card issued by MAES, regardless of whether the cause of this being unable to use is caused by damage to this Card, the temporary out of be at the service of the payment terminal, the refusal of a third party that belongs to the service stations network to deliver or otherwise provide products and / or services.
Part 5: Application
Article 33. Scope
- The provisions of this section 5 apply to (the use of) the Application and Mobile Transactions.
Insofar as not specifically deviated from in this part 5, the provisions of part 2 and (if applicable) part 4 of the general terms and conditions and the special terms and conditions that have been agreed (in particular in Card Agreements) apply mutatis mutandis to (the use of) the Application and Mobile Transactions.
- By using the Application (including, without limitation, downloading the Application, installing the Application, registering in the Application, opening the Application, using the Application and/or purchasing of Mobile Services), the User confirms that he has received, read, understood and accepted these general terms and conditions.
- If the User does not agree with any provision of these terms and conditions, the User must refrain from any use of the Application.
- The bank and/or credit card(s) registered in the Application and the Mobile Transactions carried out with such bank or credit card(s) may also be subject to the relevant contract terms and conditions of the relevant issuer of these cards. The User will always ensure that the use of the Application is in accordance with these contract conditions. MAES does not bear any responsibility for this. If the contract terms and conditions of these card issuers do not permit the use of the Application, as provided for in these general terms and conditions of MAES, the User must refrain from using the Application.
Article 34 Mobile transaction
- The Application offers the User the possibility to register one or more Mobile Card(s), which can be used for the authentication and execution of Mobile Transactions.
- After activating the Application, the User will be requested to choose a four-digit Mobile PIN for the authentication of Mobile Transactions that can be carried out with the Mobile Card(s) registered in the Applications.
- A Mobile Transaction will only be considered authenticated after the User has consented to its execution by confirming it with the Mobile PIN (or with a Biometric Identifier if the User has chosen this).
The Mobile PIN replaces the User’s handwritten signature for Mobile Transactions authenticated via the Application. The consent to a transaction is deemed to have been given when the User has entered the Mobile PIN and/or has followed and completed the necessary authentication procedures to confirm the Mobile Transaction. The User can no longer revoke a purchase of Fuel Products after he has given his consent.
If the User’s mobile device enables biometric identification, the User may decide, under his or her responsibility, to (activate and) use a Biometric Identifier instead of the Mobile PIN. The provisions of this Article 34 apply mutatis mutandis to the Biometric Identifier.
- After the Mobile Transaction has been authenticated and executed, this Mobile Transaction will be confirmed to the User by means of an automated notification in the Application. The User will always be able to find an overview of the latest Mobile Transactions, as well as the amounts paid as a result of these Mobile Transactions, in the Application.
Article 35 Use of application
- The User must have a compatible mobile device and internet access that meets the applicable software and security requirements in order to use the Application. If the User wants to use a Biometric Identifier, he needs a device that supports biometric identification.
- The User must always use the most recent version of the Application and ensure that the operating system of his mobile device supports it.
- The Customer and the User guarantee that the use of the Application by the User complies with these general terms and conditions.
- The Customer and the User are jointly and severally responsible for all charges and/or debits associated with the Mobile Cards resulting from performing Mobile Transactions using the Application and for all fees charged in connection with such transactions ( by MAES and/or third parties).
Article 36 Mobile Pin Number
The obligations with regard to the PIN code (contained in Article 27) apply mutatis mutandis to the Mobile PIN code
Article 37. Blocking of the Application or of the Mobile Card in the Application.
- The User immediately contacts MAES via the Personal Page and/or the contact point indicated in Article 44, § 1 if the User knows or suspects that the Application with the identification data has been cloned, that the security of the Mobile PIN is no longer guaranteed. that the User no longer has sole control over the Application or if the mobile device on which the Application was installed has been lost, stolen or tampered with.
The Customer will immediately contact MAES and the Card Manager if the Cardholder / User is no longer entitled to use the Card (e.g. after the Cardholder / User is dismissed).
- If a Card Agreement was concluded
Upon receipt of such notice, MAES and/or the Card Administrator will within 24 hours, at the option of the User who is deemed to act with the knowledge and instruction of the Customer, or the Customer: (i) block the Application, but not the physical Card(s) registered in the Application; or (ii) block the Card(s) in the Application, thereby blocking both the physical Card(s) and the Card(s) registered in the Application.
- If no Card Agreement has been concluded
After receipt of such notification, MAES will block the Application within 24 hours after receiving the explicit instruction from the User to do so.
- If the User has registered a bank and/or credit card, the User will immediately contact Card Stop (+32 70 344 344) and the relevant card issuer to ensure that these bank and/or credit card(s) are blocked. .
From the moment the Mobile Card(s) are blocked, the User will no longer be able to authenticate and execute Mobile Transactions via the Application with the relevant Mobile Card(s).
Both the Customer, the Cardholder and the User acknowledge and accept that the Application remains usable for carrying out Mobile Transactions as long as the Mobile Card(s) are not blocked. In the event of loss and/or damage to the physical Card(s), bank and/or credit cards, as long as the Mobile Cards registered in the Application have not been blocked, the User will therefore still be able to authenticate and execute Mobile Transactions. to feed.
- The Customer may block one or more Cards at any time, regardless of whether the Customer is the Cardholder and/or the User.
Article 38 Operation and support.
- MAES declares that it will act to the best of its ability when making the Application available to the User. However, MAES cannot guarantee that the Application, or the Mobile Services available through the Application, will operate permanently, uninterrupted and error-free. The Application may be delayed, unavailable or inaccurate from time to time due to various factors, including User’s mobile device, location, internet connection speed, technical reasons, telecommunications networks, maintenance or updates.
- MAES reserves the right at any time and from time to time to temporarily interrupt, limit, modify or discontinue the Application (or any part thereof), for a reasonable period of time, for example as a result of announced maintenance work, defects , force majeure or events beyond the reasonable control of MAES.
- MAES does not guarantee that the software of the Application is compatible with the software of third parties, or that the operation of the Application and the associated software will not damage or alter other software or hardware on the User’s mobile device, or it will not interrupt.
- The Application may contain hyperlinks to websites or information of third parties. MAES has no control over the websites and/or information of third parties and does not guarantee this.
- MAES does not issue bank and/or credit cards; these are issued by the relevant card issuers. Any questions or concerns regarding Mobile Transactions performed with such bank and/or credit cards should be directed to the card issuer that issued the relevant bank and/or credit cards and not to MAES.
MAES does not guarantee that the bank and/or credit cards registered in the Application are valid or in good condition or that the card issuer(s) that issued such cards will (will) approve the Mobile Transactions authenticated via the Application or comply.
Article 39 Liability
- Without prejudice to the foregoing, MAES is not liable for:
- the incorrect or incorrect execution of Mobile Transactions or of a service offered by a third party;
- any loss of data or damage to or alteration of the User’s equipment including (but not limited to) the User’s mobile device, as a result of the installation, upgrade, update or use of the Application;
- the temporary unavailability, suspension, interruption or delay of all or certain Mobile Services;
- any difficulty or inability to download the Application or access its contents or any other communication or system failure that may cause the Application to be unavailable;
- any damage that may be suffered by the User as a result of a hyperlink to the website or information of third parties, the unavailability of websites or information of third parties to which these hyperlinks refer, or as a result of inaccuracy, incompleteness or inaccuracy of the information provided through the Application by third parties, nor can such external information give rise to any obligation on the part of MAES;
- any damage resulting from or related to the (poor) functioning of the User’s mobile device, the telecommunications services of a third party or software or hardware of a third party;
- any damage resulting from the interception of the User’s mobile device by a third party; or
- any damage resulting from the unlawful use of the Application or the Mobile PIN or a Biometric Identifier.
- “Damage” includes all direct and indirect damages (including loss of profits, business interruption, loss of funds, loss of customers, loss of contracts, loss of goodwill, loss of data, claims of third parties, or any consequential or indirect damages or losses ), except for liability for direct damage caused by an attributable shortcoming in the performance of MAES’s obligations.
- The User will not allow any third party to use the Application for or for any unauthorized purpose and/or activity. The User will use the Application in accordance with the instructions of and/or agreements with the Customer.
Article 40 Intellectual property rights.
- The Application is the property of MAES.
- User is granted a limited, non-exclusive, non-transferable and no-cost license to use the Application (including future upgrades/updates made available to User from time to time, provided that such upgrades/updates may be offered different or modified terms and conditions, of which the User will be notified at the time the upgrade/update is made available and which the User must agree to in order to use the upgrade/update), and this for his personal use in accordance with these terms and conditions.
- The User is not allowed to:
- copy, reproduce, modify, adapt or translate the Application in whole or in part, nor to duplicate, compile, distribute, reverse engineer, disassemble, disassemble, in whole or in part any feature or part of the Application. extract or disable or derive the source code of the Application;
- insert the Application or any part thereof into any other program or create derivative works based on any part of the Application;
- make and distribute copies of the Application;
- use the Application in whole or in part, or any confidential information relating thereto, to create software that is functionally equivalent to the Application or any part thereof;
- use the Application in any way that could lead to inciting, enabling or carrying out any illegal or criminal activity, or that could cause any harm or injury to any person; or
- remove, obscure or alter any proprietary rights notices (including trademarks and copyright notices) affixed to or in the Application.
- All copyrights, database rights and software rights in all material contained in, on or available through the Application, including all information, data, text, music, sound, photographs, graphics and video messages, and all source codes, software compilations and other materials, are owned by MAES or its licensors.
- All trademarks, service marks, names, signs and logos contained in or on the Application are the property of MAES or its licensors.
- All rights granted to the User under these terms and conditions will terminate immediately if the User fails to act in accordance with these terms and conditions.
Article 41 Information and personal data
- By using the Application, the User agrees that MAES and the Card Administrator may store information on the User’s mobile device and access information about his mobile device (including technical information about the mobile device and information (including of personal data) relevant to allow the User to activate and use the Application, and to authenticate and execute Mobile Transactions).
Article 42 Termination of use
- This agreement is indefinite and either party may terminate it at any time for any reason. The User may terminate the use of the Application at any time, free of charge and without notice, by deleting it from his mobile device.
- MAES may at any time deactivate or block the Application or (partially) limit the use of the Application if (i) the User breaches any of its obligations under these terms and conditions, or (ii) MAES has reasonable grounds to assume a risk of misuse or suspected fraud. If possible, MAES will inform the User in advance of the deactivation.
- All rights and licenses granted to the User under these terms and conditions will terminate immediately or, if applicable, at the end of the notice period, upon termination of use of the Application.
Article 43 Modification and Addition of Mobile Services.
- MAES may change the functions, functionality and content of the Application and the Mobile Services accessible through the Application over time, as a result of which MAES reserves the right to also change these terms and conditions.
- The User will be informed about the amended terms and conditions (and where these amended terms and conditions are available) via the Application, no later than two months before the amended terms and conditions take effect. The amended terms and conditions are deemed to be available to the User on the date they are made available in or through the Application.
- If the User does not agree with the amended terms and conditions, they must delete the Application. By continuing to use the Application after the two-month period has expired, the User agrees to the amended terms and conditions.
- The User may delete the Application at any time. When the User replaces or disposes of his mobile device, it is his responsibility to deactivate and delete the Application from his mobile device.
Article 44 Support
- If the User has questions or problems with regard to the Application, the User can consult the information available on www.maes-oil.be. The User can also contact MAES via [email protected] or +32 (0)3 889 89 89 for further support or to submit a complaint regarding the Application.
- If the User has any questions or problems with regard to a specific Mobile Transaction, the User should contact the Card Administrator or the card issuer of the bank and/or credit card. The User may also contact the Card Administrator or the card issuer of the bank and/or credit card for further support and complaints regarding Mobile Transactions.
- If the User has any questions or problems regarding a service provided through the Application by a third party, the User should contact the customer service of the third party concerned.